Domestic Law Reforms in Post-Mao China

By Pitman B. Potter | Go to book overview

Notes
1.
For discussion of the polarity between these alternating priorities, see Lucien W. Pye , The Mandarin and the Cadre: China's Political Cultures ( Ann Arbor: University of Michigan Center for Chinese Studies, 1988), pp. 38 et seq. For earlier discussion of attempts to trace patterns of oscillation in Chinese policy making, see Andrew J. Nathan, "Policy Oscillations in the PRC: A Critique", China Quarterly, no. 68 ( December 1976), p. 720; and Edwin A. Winckler, "Policy Oscillations in the PRC: A Reply", China Quarterly, no. 68 ( December 1976), p. 734.
2.
See Lowell Dittmer, China's Continuous Revolution: The Post-Liberation Epoch 1949-1981 ( Berkeley and Los Angeles: University of California Press, 1987), chapters 1 and 8. Also see Harry Harding, China's Second Revolution, Reform After Mao ( Washington, DC: The Brookings Institution, 1987).
3.
The communiqué issued at the Third Plenum stated unequivocally that revitalizing the legal system was necessary to promote stability in government, and authorized restoration of the procuracy and judicial institutions, which had been dismantled prior to and during the Cultural Revolution. See Zhongguo gongchandang di shiyi fie zhongyang weiyuanhui di san ci quanti huiyi gongbao ( Communiqué of the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China), in Hong qi ( Red Flag), no. 1 ( 1979), p. 19.
4.
For a useful overview of the process of rebuilding legal institutions in post-Mao China, see Stanley B. Lubman, "Emerging Functions of Formal Legal Institutions in China's Modernization", in U.S. Congress Joint Economic Committee, China Under the Four Modernizations, vol. 2 ( Washington, DC: U.S. Government Printing Office, 1982), p. 235.
5.
Selected statutes are contained in a variety of Chinese compilations, including State Council Bureau on the Legal System, Zhonghua renmin gongheguo fa gui huibian ( Compilation of laws and regulations of the People's Republic of China) ( Beijing: Law Publishing House, yearly). (This compilation is also available in English translation.)
6.
For an interesting discussion of the instrumentalist characteristics of PRC law, see Yu Xingzhong, "Legal Pragmatism in the People's Republic of China", 3 J. Chinese L., 29 ( 1989).
7.
For a summary of initial developments in civil and economic law in China, see Masanomu Kato, "Civil and Economic Law in the People's Republic of China", 30 Am. J. of Comp. L. 429 ( 1982).
8.
For discussion of the use of law to protect increasingly private economic interests in China, see Steven M. Hudspeth, "The Nature and Protection of Economic Interests in the People's Republic of China", 46 Albany L. Rev.691 ( 1982).
9.
See "Note in the Text and Translation," in William C. Jones, "A Translation of the General Provisions of Civil Law of the People's Republic of China", 13 Rev. Soc. L. 3547 ( 1987).
10.
For discussion of criminal law and procedure in post-Mao China, see Shao-chuan Leng , with Hungdah Chiu, Criminal Justice in Post-Mao China: Analysis and Documents ( Albany, NY: State University of New York Press, 1985). For examples of the regime's denial of the requirements of procedural formality in pursuit of political control, see Political Imprisonment in the People's Republic of China ( London: Amnesty International Publications, 1978); China: Violations of Human Rights, Prisoners of Conscience & the Death Penalty in the People's Republic of China ( London: Amnesty International Publications, 1984); and Punishment Season: Human Rights in China After Martial Law ( New York and Washington, DC: Asia Watch Committee, 1990).

-xiv-

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